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Neumiller & Beardslee <br /> A PROFESSIONAL CORPORATION <br /> FOUNDED AS MAILING ADDRESS: <br /> ASHLEY b NEUMILLER ATTORNEYS AND COUNSELORS PO. DRAWER 20 <br /> STOCKTON. CALIFORNIA 05201-9978 <br /> JANUARY 1904 <br /> FIFTH FLOOR WATERFRONT OFFICE TOWER II TELEPHONE 12091 949-eto0 <br /> 509 WEST WEBER AVENUE <br /> STOCKTON, CALIFORNIA 95202 <br /> August 25 , 1988 <br /> o� <br /> TEngiK. J. VORSTER, P.E. <br /> Seniorneer <br /> California Regional Water Quality <br /> Control Board <br /> 3443 Routier Road <br /> Sacramento, California 95827-3098 <br /> Re: Lincoln Properties, Ltd. /Ground <br /> Water. File No. 52640-13360 . <br /> Dear Ton: <br /> Enclosed please find the Technical Report regarding Ground <br /> Water Investigation at Lincoln Village Center prepared for our <br /> client, Lincoln Properties, Ltd. ,by Leedshill-Herkenhoff. We <br /> would request your review and response to this Report. <br /> You will note that soil samples taken from beneath the concrete <br /> floor slabs and from the sewers serving the three (3) dry cleaning <br /> establishments showed PCE and/or TCE contamination. The results of <br /> these samples are included in the Report. We would urge you once <br /> again at this time to pursue the three (3) dry cleaners for any <br /> further remedial action, as they are cl arly the Parties responsi- <br /> ble for the discovered contamination. Section 13305 of the Water <br /> Code, which governs Regional Water Quality Control Boards in clean- <br /> up and abatement orders and actions evidences a preference for <br /> cleanup to be performed by the businesses which create the contami- <br /> nation. Section 13305 provides that if a business is no longer <br /> operating, then the Regional Board should pursue the owner of the <br /> property for costs. <br /> In addition, continued pursuit of Lincoln Properties, Ltd. , <br /> individually, will most certainly inhibit Lincoln Properties, <br /> Ltd. ' s ability to obtain reimbursement from the three dry clean- <br /> ers. If Lincoln Properties, Ltd. , pursues the three dry cleaners <br /> for indemnification, each dry cleaner could file for bankruptcy, <br /> and be discharged from any such liability. Case law has largely <br /> held that monetary obligations, even for remediation and cleanup of <br /> hazardous wastes are dischargeable in bankruptcy, while cleanup <br /> orders from public agencies are not. Pursuing the dry cleaners <br />